melissa: i'm melissa francis and here's what's "money" tonight. president obama goes for broke, calling for $1.6 trillion, in new tax revenues. probably not what businesses want to hear. will this doubling down derail a deal on the fiscal cliff? >> plus a salary that is as good as gold. one montana lawmaker is demanding to get paid in gold coins. he is here to explain why in a fox business exclusive. screw market prices. one gas station charges $3 more. $3 more per gallon than his nearby competitors. and it is is making a killing. the strategy is far more widespread than you might think. we have details on that coming up.

even when they say it's not, it is always about money. melissa: all right. first the day's market headlines. a bad day for stocks just keeps getting worse. a news conference by president obama only amplified fears about the fiscal cliff and down to a 4-month low down 185 points. banks of america led the slide, closing down more than 3 1/2%. one bright spot, cisco shares surged 5% on an earnings beat. now to our top story, president obama may be a betting man because he is trying to double down on how much tax revenue will be raised as part of the fiscal cliff deal. after meeting with business leaders today and union leaders yesterday, the report president is reportedly taking a hard-line with the gop, pushing for a $1.6 trillion tax hike on corporations and

the wealthy over the next 10 years. here it comes. joining me is union leader. thanks so much for joining us. you're the national, sorry, the president of the national education association. you attended the president's meeting with labor leaders at the white house. thanks for joining us. what was the tone of that meeting? >> well the tone of the meeting was very positive. i think it was a time for people to express their interests and in areas that they definitely want to have considered. obviously as you mentioned it was just one of three meetings this week. i joked with him i wish i could have attended all three. i think they would be very different meetings and very interesting. melissa: what you dough mean about that? what do you think was different for the ceo meeting for example? >> i believe everybody has different perspective. i was high school math teacher for 23 years. now i serve as president of nea. step one, if congress does nothing it will have

devastating impact on education. the across-the-board cuts would cut 8.2% from the federal education budget. would impact nine million students. 76,000 educators laid off. which means class size continue to go up. needed programs are eliminated. for congress to do nothing the outlook is very bleak for students in america. melissa: i hear what you're saying but everybody is looking down the barrel of this thing and saying, that they don't want it to come from them. they all feel the same way you do, whether talking about tax hikes or cuts in different spots. doesn't everybody have to give something here? >> absolutely. in you look a year ago we gave, $1.7 billion in cuts, with zero dollars of revenue to match it. melissa: i know but that is what everybody is saying as well. there are saying we've already been through severe cuts. we're looking at a huge gap what needs to be done here and what is actually out there. is there anything more than you would be willing to give at this point? >> well i think what we need

to look at is there a way through this? there is $1.2 trillion problem we have to solve. if the tax cuts, bush tax cuts for the wealthiest 2% a allowed to expire that $827 billion. melissa: that is the other side. that is not your side. i appreciate what you're saying. seems like everybody has to put something on the table here. just sort of soaking the rich isn't even going to close the whole gap. >> well, we can close the whole gap. that $1.7 billion did impact the middle class immensely. 400,000 educators lost their jobs. class sizes went up. programs were eliminated. so they have. but you know, not only the tax cuts on the wealthiest 2% if those expire, if we close loopholes that allow profits from offshore not be taxed at all. if we close loopholes that corporations who make billions pay zero, that is another 268 billion. talk about tax fairness. melissa: that is still the

other side. is there one thing that you could get from your side? is there a cut own your side? is there anything you can contribute to the table? if we told everyone you have to put something on the table what would your thing be? >> my point that we already put it on the table and it has been cut. melissa: nothing. there is nothing you would put on the table from here? >> we put it on the table. we lost 400,000 jobs. we lost class size. we lost benefits. we lost contributions to pen ounce shuns. we paid. there were zero dollars of revenue. it is time to take balanced approach. one of the most unfair things about taxes in america if you earn your income by working, or if you earn your income by wealth they tax it differently. warren buffett said why in the world --. melissa: you sound exactly like the president. you're not, you're making the same arguments again and again and not coming to the table with anything new. i mean, this is why americans are so frustrated right now. because we hear all of this fighting in washington and everyone is sticking to their own point and not putting anything new on the

table. >> no, what is not being put on the table is the fact that $1.7 trillion in cuts where there was no matching revenue. i think a balanced approach is very fair. the american public understands that. melissa: that is not a balanced approach. this is one-sided approach. you're saying let's raise taxes on wealthy and raise taxes on corporations. i mean do you understand that those people are then going to spend less in the economy, they will hire fewer people? this will stall the economy? >> one-sided approach would be if we were only looking at revenue side. but it is not. it is a balanced approach. melissa: so what are you putting on the table? what is balanced approach? put one thing on the table? one thing that you're willing to cut spending on? >> they have cut spending by eliminating 400,000 jobs in education. they put their jobs on the line. they lost their homes. the middle class has paid. the problem is, there is no balance and there has been nothing on the revenue side. it ought to be balanced approach between cuts and revenue. now they're talking about the revenue side. a year ago they were talking

only cuts. melissa: i agree needs to be balanced approach and revenue and you're not putting any cuts on the table whatsoever. you're only talking about soaking the other side for revenue. that's why we're in the position for the other side. nobody is willing to compromise. thanks for coming on the show, i appreciate it. >> you bet, thank you. melissa: all right speaking of having no confidence in solving our financial problems, now i have no confidence in solving our financial problems after that covers. one republican state representative from montana has lost so much faith in the u.s. dollar, thanks to the deficit, that he is asked the state legislature to pay his salary in gold. representative jerry o'neill joins me now by phone in a fox business exclusive. thanks so much for joining us. did you hear that last conversation by the way? >> yes i herd most of it. very frustrating. >> how do you feel about that? this is sort of, this is the stalemate. this is the position that we're in. everybody thinks they have contributed and don't want to have anything more. i feel like we'll fly off the cliff. >> we have only got two

choices. one is the federal government is going to tighten their belt and pay down the debt. or two, they're going to continue running up the debt like they're doing now and we'll go bankrupt. if they tighten their belt and pay down the debt we'll be hungry but at least we'll pass freedom on to our kids. if they continue on like now, i don't know who will take over the government in the next 10 years. melissa: i just don't understand. if this were my household i was staring down the barrel of this problem i would say, listen, guys, we have to spend less money. anyway, this is not what i'm supposed to be talking to you about. i'm supposed to ask you about why you want to be paid in gold. why are you losing faith in the dollar? >> that is absolutely what you're talking about is why i want to be paid in gold because the we continue spending all this money that we don't have and we continue printing money to pay for it and some day somebody will lose faith in it and money will be worthless. the way it is money is devaluing very fast. in about the year 2,000 i

bought a role of gold american eagles. i paid $3600 for it. in 2006 i ran for justice of the peace in northwest montana. i needed money. so i sold the role of double eagles, gold american eagles, sold them for $6,000. so they inflated $2400 in six years. if i had that roll of american gold eagles now they would be worth about $18,000. melissa: no. definitely. a lot of people are saying right now, especially, i mean you heard that last gentleman. if you want to raise taxes on capital gains and on investment income, then no one is going to invest as well. there is no point putting your money in stocks. you're right, everybody will be hiding in gold. what makes you think the devaluation of the dollar is coming anytime soon? i hear what you're saying about inflation but as it is right now, we're still paying our bills and we're still sort of the best

security in the world. others are closer to having their currency be worthless than us. so people are still willing to back the dollar. what making you think it is coming to an end anytime soon? >> i know lots of friends are waiting for the second coming of christ too. is it going to come tomorrow? is it going to come in our lifetimes? i don't know. but it seems to me, well, for the value of, when my roll of gold american eagles that went up from $3600 to 18,000, that was actually the dollar devaluing. the dollar is devaluing. it devalued that much between 2000 and 2012, in 12 years. it went from $3600 to, it went from, basically, the it went down that much. and, i, as long as congress, the government spends as much money as they're spending there is no way

other than the value of the dollar is going down. melissa: yeah. jerry o'neill, thanks so much for joining us. interesting perspective. >> okay, thank you for having me. melissa: here is our question of the day. should elected officials be paid in gold? i might want to be paid in gold from now on. i'm not sure. have to think about this. like us on facebook.co facebook.com/melissafrancisfox. or follow me on twitter, on melissaafrancis. still irritated from the first interview. will take the commercial to calm down. hanging over the fiscal cliff, how the carbon tax could be slipped in to seal a final deal. plus drivers love to find the cheapest place for gas. but just one florida gas station just doesn't care, charging $3 above its competition. they are raking it in. and they're not alone. this could be happening near you, if you're not careful. we'll explain it. more "money" coming up. i always wait until the last minute.

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♪ . melissa: one of the ideas being floated as part of a deal on the fiscal cliff to

start taxing companies for their carbon emissions of the why not? let just tax the hell out of them. a new report finds a carbon tax could cut the debt 12 to 50% next 10 years without raising anyone's income tax. but if the companies who get hit with the tax just pass them onto the consumer, duh, who is it helping? here for more is charles bustany, republican congressman from louisiana. member of the house ways and means committee. sorry from the sarcasm. i'm getting a little frustrated this evening . what do you think about this issue? is this a good idea? is this a solution? >> that is a dead issue. that is not even under consideration. we need to do tax reform to lower rates across the board for families. i don't want to raise taxes on south louisiana families or american families, i can tell you that. if we don't deal with the fiscal cliff the average family will see $3500 tax increase. and very well could throw us into recession. bottom line is, we need to get the fundamental tax

reform, to lower rates across the board, to simplify the code and really modernize the code so american businesses can be competitive. and we could take the tax burden off of families. that will help this economy grow. melissa: yeah. you know it feels like at this point everyone sort of keeps repeating the same thing from their side and we're all talking past each other. is there any way we're coming to a solution here? >> well, speaker boehner will be meeting with the president on friday. and we'll hear some of the basic outlines what is being put on the table at that point in time. we on the ways and means committee will be very actively engaged in working with our chairman, dave camp, to provide good information to the chairman and to speaker boehner about what we want to do with tax reform. bottom line is this. we have to stop this massive tax hike that will hit american families and businesses at the end of the year. melissa: yeah. >> then pivot to fundamental tax reform. and they're going to be things on the table but

increasing tax rates is not one of them. i will not vote to encrease tax rates. melissa: you know, congressman, this segment was supposed to be about the carbon tax, like everything else we can't talk about anything beyond this fiscal cliff. i mean it is getting in the way of everything including this segment. we had somebody on from the teachers union or teachers education, national education association i should say at beginning of the show who was completely stuck on this idea of we absolutely have to raise taxes on the wealthy and on corporations. you heard the president earlier today. he echoed the same thing. he really doubled down with a hard-line. what i'm hearing from you is a pretty hard-line as well. it makes me think, i'm not sure we're going to get to a solution here? it is starting like we're really going to go careening over the cliff? >> that is a concern and i think what we need to do is get to the negotiation table. the president needs to hear our side very clearly. raising tax rates on families and businesses

right now in this very sluggish economy is a disaster. it is a disaster. because, it could very well throw us back into recession, number one and secondly, jobs. if you want to create jobs, let businesses keep more of their hard-earned money and invest it in things they do best. so i think the focus really has to be on jobs and the economy right now. raising taxes is the definitely the wrong approach. that is why we need to, extend these rates, the current rates, lower rates, for the time-being. melissa: yeah. >> extend them for a year. let's pivot into real tax reform where we have more time to have real discussion how to do that. melissa: i hear what you're saying. you said the president has to hear us. i heard him earlier today. he does not hear you. i mean he is absolutely adamant. if anything he doubled down today on his threat to raise taxes on the wealthy. where do you go from there? you say he has to hear you. he is not going to hear you. so then what? >> well, i think he had meetings today with the ceo's of companies.

i hope he heard the message loud and clearly, that raising taxes right now is not a good thing for business and for job creation. so we're going to stick to our guns on this. we'll have to have speaker boehner get to the negotiating table and we'll see what the initial parameters are on this discussion. melissa: i don't know. i saw that crew walking in. it was the same crew of ceos that has been in there talking to him forever. i don't know what they said but they have never changed his mind before if they even tried. i'm starting to get really scared about this. thanks for coming on the show. we certainly appreciate your time. >> great to be with you, thanks. melissa: don't know we'll solve this, right? coming up on "money", would you go to a gas station charging $3 more a gallon than all the others in your area? it sound like a really stupid business model, right? one florida station does it and they're cashing in. plus what sanctions? iran's oil exports reportedly spiked 30%.

it is not stopping the government from starting their own gas rationing. we'll explain all this coming up. do you ever have too much money? you might, you might, you need gold i think is the problem [ male announcer ] you are a business pro.

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melissa: no one wants to pay high gas prices. why would any gas station charge twice as much as others in the area? case in point, one shell station in orlando, florida, is charging 5.99 for a gallon of regular gas. earlier this week the price was as high as 6.44. average price in the area. 3.27. conventional wisdom they're taking advantage of tourists but not according to florida law as the price is clearly

priced along the side of the road. we have an analyst from gas bud di.com. how do i say your last name? >> leskowsky. melissa: thank you. is this a winning strategy? >> melissa, this is something that has a lot of people perplexed but apparently working for this particular retailer. because they have a captive audience. they're right at disney's doorstep. mostly unsuspecting tourists are getting clobbered with these prices. when people go to return the car they rented they have to fill up the tank and this is where they're making their money. melissa: i would look at the sign and say $6.44, no way. there is something wrong here, no way. it doesn't dawn on people when they pull up? >> it should. a lot of people are in too much of a hurry or don't feel comfortable trying to drive around looking for another place to go, you know. it's an unfortunate situation. i wish that the local

convention and visitors bureau or chamber of commerce could kind of persuade that gas station to do business in a different way. melissa: what do you think they could do about it though? we're looking at a map. there are gas stations all around this guy, that are, charging i mean, essentially almost half the price, not quite. what could local authorities or, visitors bureau, whatever, really do? >> they're really powerless. the city of orlando is not in a position legally to do anything and even the state of florida's own laws would say that they're not, there is no price-gouging that occurs because the state law is so weak, price-gouging can only occur if the governor declare as state of emergency. so given the absence of that there is no price gouging. there is nothing that can be prosecuted. the other problem with the florida law, even when there is a state of emergency, the law doesn't define, it doesn't quantify what price-gouging is or isn't. it just says when the price

of a commodity grossly exceeds the average price for the 30-days prior to when the declaration of an emergency is made. it is too vague. it is pointless. melissa: this goes on all over the place, right? this is an extreme example which is why we brought it up. we're talking about it to everyone because this happens in other places right? where are you likely to see something like this going on? >> well you're probably most likely to see this in vacation destinations but this particular retailer is by far the most egregious one that we've seen anywhere in the united states. melissa: and when people are looking around, they can go to a website like yours to see where gas is the cheapest in their area. everybody who drives a car feels like they know the patterns of their neighborhood. that it is cheaper or more expensive near the highway. gas stations more isolated get away with charging more. what are the general patterns to look for? >> well, certainly any place where you have more competition, you're probably going to see prices lower.

where you have isolated areas, that is where you, you're only game in town. those are the stations that can pretty much charge a price at, gives them a little more profit margin. melissa: what is your bottom line on this, guy? do you think he is making more money because he is charging so much? you would think he would have a lot less business because it would dawn on people it is too expensive there. what do you think, is making more and losing more at the end of the day? >> i think he is making a pretty good amount of money because the people visiting that station are not repeat visitors. these are out of towners, may never see that station again for another year, two, or three years. so that's where the money is. it is all the out of town visitors that don't know better. melissa: yeah. all right, thank you so much for coming on. this just caught our attention and we had to take a look at it. >> thank you. >> time now for today's fuel gauge report. intensifying mideast tensions sent oil prices up

more than 1%. israel launched a major military offensive against hamas in the gaza strip. israeli strikes killed the terrorist organizations top military commander. kinder morgan won a 25 year deal. it will transport 200 million cubic feet of natural gas a day between arizona and mexico. the pipeline's construction awaits final approval from federal regulators. natural gas prices hit one-year high. cold temperature forecast and dwindling inventories sent prices on a rally climbing more than 7% this week. take a look at that. wow. up next iran's oil exports jumped through the roof even with supposedly crippling sanctions. why is the government starting to ration gas across the country? plus the financial future for young americans looks grim but now some are starting to kick back their fate. how their new campaign is

turning the screws on lawmakers. "piles of money" and more fun coming on.

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melissa: so as if sanctions are not bad enough, the iranian government is now putting the squeeze on its citizens all by itself. iran's oil minister says the government will start rationing diesel fuel to stop it from being smuggled out of the country. with very a senior fellow at the american enterprise institute and he says this is a joke. he is here to tell me why. welcome back to the show. why is this a joke? >> this really is such a proboss truss statement by the oil minister. everyone knows in iran it is not the private citizen who

is smuggling oil into iran's neighboring countries. it is government agencies which are engaged in massive oil, gasoline, and also diesel exports and smuggling into neighboring countries. in iran, if you buy a gallon of diesel, it costs you 50 cents, u.s. but if you sell it on, in the market in afghanistan or pakistan, you can make 3.5 u.s. dollars per gallon. if you're lucky enough to smuggle it into turkey, you can make almost $8 per gallon. this is exactly what iranian government agencies do. they have infrastructure to do this kind of things. melissa: why do they have to smuggle and do it? is it to get around the sanctions? >> that is one part of the explanation. another part of the explanation is that the iranian military and particularly that part of the military which is called the revolutionary guards, is more or less outside the control of the civilian

leadership. it has become a state within the state. and they are more interested in making money, in profit, than, protecting and safeguarding the tart tomorrow integrity of the -- tert tomorrow integrity of the company. it is a business empire rather than a military organization. melissa:. sounds like this is a will continue to sufficienter. the people will suffer as they have done for the past 33 years. the government of the islamic republic is not interested in the welfare of the citizens of the it is only interested in survival and it does not mind if the people are suffering under the weight of the sanctions regime and incompetent policies of the government. and of course parasite elements such as the revolutionary guards smuggling diesel and gasoline into iran's neighboring countries. melissa: there is a new report we were just talking about the from the iaea that

exports are rising. how is that possible because the sanctions were supposed to stop that? >> because of the colder months in the wintertime we see asian markets are booming. there is more demand from iran's oil and particularly south korea, china, being, very active in the, in the business of importing oil from the islamic republic. melissa: even know they're not supposed to be despite of sanctions? >> china has never been particularly helpful when it comes to sanctions regime. south career has been e accidented from some of those these sanctions and imports of iranian oil because of their energy dependency to the middle eastern oil market. >> say they're not worried what kind of toll this will take on the people. are they not concerned down the road there will be an uprising? >> in a type of regime like

the islamic republic government institutions pursue their own goals. exactly because they are no longer under civilian control. so the revolutionary guard is not particularly interested in the overall survival of the regime. they are interested in short-term gains. this is why they are engaging in massive and large-scale smuggling of iranian diesel into neighboring countries. the i am same thing can be said about many other governmental agencies. as long as iranian oil minister who himself a former officer of the revolutionary guard is not ready to do anything about his own comrades in arms and their smuggling business, while things are not going to change. melissa: a year from now what does this whole situation look like in your opinion? >> if the islamic republic manages to get to a breakout capability, in other words, manages to be very close to or in reality builds a

nuclear bomb they can expect the international community to lift and remove the sanctions and the islamic republic would be even more greater challenge to the international society than the cases today. however, if they do not manage to reach breakout capability and if they do not manage to get the bomb, things would look very, have he different, particularly when the sanctions regime are going to bite even more than the cases today, we may be seeing a regime which is more cooperative when it comes to negotiations. melissa: amazing. thanks so much for coming on. >> thank you. melissa: so if i hear another politician ship say we're kicking the can down the road i am going to lose it. now the can is kicking back. you want to stick around for this one. at the end of the day it is all about money. we'll be right back.

♪ . melissa: for several months washington has been, i hate to say it, kicking the can down the road instead of coming up with a solid plan for this outrageous deficit. we're currently $16.25 trillion. it is only going up.

the worth part we will all be thrown in the laps of our kids and grandkids. guess what? now the can is kicking back. a group of millennial fiscal hawks who call themselves just that, the can kicks back, have joined forces with other major debt reduction campaigns to come up with a solution. we have the group's president and he joins me now. ryan, what prompted you to put the group together? >> melissa, thanks for having me. what prompted us to get together because we were as you said, kicking the can down the road. we were tired of politicians kicking the can down the road. we realize the can was our generation. if we didn't solve this issue we were looking future of more debt, fewer jobs and higher taxes and lower standard of living. it is not the top issue millennials think of when they week up in the morning you but i think this need to understand this affects their future, jobs education,

no matter what you think about. melissa: it should be the first issue because without question coming your way. doesn't seem like jokers in charge will solve this one. if you had a chance to listen to the rest of the show we had people on and we're not getting closer to solving it what do you think the solution is? >> we think the solution looks something like this, bold, balance and bipartisan. we want to see 4 trillion dollars over tex 10 years. balanced. melissa: give me details. >> it up clouds revenues. it includes entitlements. it includes spending. there is no sacred cows here. melissa: what would you do on the revenue side? who needs to pay more tax? would you close loopholes? would you raise taxes on individuals. >> we're not getting that specific. melissa: that's the problem. everyone has sort of vague notions of what they want to do but nobody wants to come up with the actual solution. come on, you have to, give me something specific. take a stab at it. >> i think when it comes to

millen y'alls the initial problem is no one is communicating to them. no one is communicating to them in a way that is compelling and authentic. number two, no one is giving them a way to act. what we're doing, going out there connecting to the issues they care about, their top line ish shoes when they wake wake up in the morning. what we're calling a million millenial minutes. we're trying to create a minute long conversations with congress 60 pexs at a time the call members of congress once a week for 30 seconds. melissa: say what? >> get something done instead of don't do something. i think members of congress are used to people calling and say protect my medicare, protect my social security. don't raise my taxes or don't cut my program. we really need people to call and say let's get something done. this will involve shared sacrifice. they need to understand that, at least the millennials we're ready to see something happen. melissa: what is your opinion of that shared sacrifice though? do you think it makes sense

to raise taxes right now given what is it going on in the economy? >> i think one of the guiding principles for us a plan needs to be enacted now but but needs to take place over time. yes, the economy is still fragile, so we don't want to see anything put that back. but, of course taxes need to be on the table otherwise we're not going to see a solution. we're not going to get both sides coming together for a bipartisan solution if everything is not on the table. melissa: do you think spending needs to be cut? >> certainly think there are some areas of spending where we could see some reduction. >> like what? can you give me one? >> as i said we're not, we're not trying to get that specific right now. the issue is awareness among our generation. that he is what we're first trying to promote. there is nothing specific on the table from either party. and so i think awareness is the first step in education. melissa: ryan, i love the idea that the can is kick being back. i'm with you. we don't want to dump this with the laps of other folks but you have to come back

and bring me specifics, okay? >> well, when there is bill on the table we'll come back and talk about it with you. melissa: all right. thanks for coming on. >> thank you. melissa: how about tweet me some specifics? something? i'm dying out here. we have to solve this problem. coming up can you say mud flood? it may look the wrath of mother nature. it is actually the wrath of one very old water main. we'll show you how the muddy onslaught is leaving one town soaked. you can never have too much money. you can definitely have too much mud. ♪ . ♪

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♪ . melissa: so it's time for a little fun with spare change, my favorite part of the show. we're joined by democratic strategist julie roginsky and dennis kneale, my favorite team. >> dobb by brothers in honor of colorado? melissa: djing tonight has been fantastic, i got to he will tell you. check out the mess residents in daly city, california, after an old water main broke. it is a mudslide. 45,000 gallons of water spewed down a sandy hill, caking streets with mud. some homes have to be

evacuated. crews spent entire descartesing mud to recycling center. who knew? residents can file a claim with the city. on the ice coast we're dealing with aftereffect of sandy. what do you think about this? look at that? that is crazy. what do you think about that? >> that is a lot of mud. melissa: look at that? >> you know what? you guys can still drive your cars. melissa: not driving that car we just you saw. that is not going anywhere. >> with cars and taxicabs floating. daly city. melissa: i saw a mud slide. that is pretty cool, the picture. that is not cool but damaging. >> man made mudslide. melissa: i am from california. i was dazzled by this you're unempressed. papa john is getting sued $250 million for sending to too many text messages. they were sending 16 messages in a row after

someone placed a order. the problem is, evidently papa john never got permission from the customers on the send the text. it is blaming mass text message service for the problem. >> people deserve it for ordering papa john's in the first place. i'm from new york. we have real pizza. papa john's, tastes like cardboard. you deserve it for not knowing good pizza, people. melissa: that is harsh. >> win recipient complains they got 15 texts in middle of the night. i get that from some woman who is upset with me. >> crazy people texting you in the night? >> evenly people making money will be trial lawyers. there is no $250 million in damage going on here. forget it. >> i don't know. have you ever been harassed by sales calls on your phone? it is really irritating. i think these guys deserve $250 million. >> you incur costs. >> you know, the cell phone is the last main safe harbor

from junk mail, junk calls. it is disappearing. melissa: it is disappearing. you can get -- >> 250 dal million of damages is so specious and egregious and ridiculously irresponsible the lawyers should be shot. >> what i find interesting, have you been harassing people with text messages? i think it is personally. >> i don't want to get sued for sending text messages at 3:00 in the morning. >> if we adopted law for lawyers to pay the cost for the other side they would stop filing student lawsuits. melissa: i hear you. this in cleveland caught on camera, driving across a sidewalk to pass a bus unloading kids that was rough. she was sentenced by a judge to hold a sign saying only an idiot would drive on a sidewalk to avoid a school bus. can you imagine, look at that. originally was supposed to hold it one day. but the judge was so angry she was nonchallenge lant

yesterday. and she smoked and texted while holding the sign. so she had to do it again. what do you think? >> this is, i think, even though it is true and accurate, she is an idiot for what she did. she is an idiot how she held the sign first day. lost her license for 30 days and ordered to pay $250 fine. to add holding sign is cruel an unusual punishment punishment. people are taking cellphone pictures and jeering at her and calling her names. i think that for the justice system to do that is just wrong. >> i agree, but i don't agree with what you're view is. >> yes, i agree with you. i agree with dennis, it is just

a little puritan like. >> she actually works for a police department. melissa: it does send the wrong message to kids. so you're teaching kids to make fun of other people. there you go. another guy in minnesota displayed this ak-47 to kids. he thought it would be a good idea. it was a halloween scare.

>> think about is this guy is your brother or father with son. and they want to spend up to seven years in prison for holding an unloaded ak-47 hoping to scare children. >> should you really be walking around with an ak-47? >> he's going to go to jail for that. [laughter] [talking over each other] melissa: one more question topic. pepsi has introduced a new soda in japan. it is a new soft drink that contains a fiber that helps reduce fat levels. it doesn't work? i love it. >> someone watching this is going to bring it here. >> i